Llugsha v. Doe
- Garnett
- 1:25-cv-09373
- U.S. District Court · Southern District of New York
- 3
Alex Hernan Pacha Llugsha v. John Doe: Judge Garnett granted transfer of the detention petition to New Jersey and temporarily prohibited removal.
Alex Hernan Pacha Llugsha, whose detention petition was transferred to the District of New Jersey, and the government, which was temporarily barred from removing him from New Jersey or the United States unless the transferee court ordered otherwise.
What happened
In Alex Hernan Pacha Llugsha v. John Doe, the respondents argued that the case belonged in New Jersey because Pacha Llugsha was detained there when his petition was filed. The petition had been filed under a federal law allowing challenges to detention.
The respondents presented records showing that Pacha Llugsha left 26 Federal Plaza in Manhattan at 1:29 p.m. on November 10, 2025, was booked at a New Jersey detention center at 2:00 p.m., and paid the filing fee at 2:17 p.m. Pacha Llugsha’s representative requested time to submit evidence about the timing but filed nothing further, so the court treated the transfer request as unopposed.
Judge Margaret M. Garnett granted the motion to transfer the case to the District of New Jersey and directed the clerk to transfer it immediately. She also prohibited the government from removing Pacha Llugsha from New Jersey or the United States unless the New Jersey court ordered otherwise.
The detailed version
- Llugsha v. Doe · No. 1:25-cv-09373
- Garnett
- Dec. 3, 2025
Background
Alex Hernan Pacha Llugsha filed a petition challenging his detention under 28 U.S.C. § 2241. The petition alleged that he was detained and brought to 26 Federal Plaza in Manhattan on November 10, 2025. The court issued an order requiring the respondents to respond, allowing the petitioner to reply, and scheduling a hearing.
Transfer request
The respondents moved to transfer the case to the United States District Court for the District of New Jersey. Their supporting declaration stated that Pacha Llugsha left 26 Federal Plaza at 1:29 p.m. and was booked at a detention center in New Jersey at 2:00 p.m. The civil cover sheet showed that the filing fee was paid at 2:17 p.m. The respondents argued that Pacha Llugsha was therefore in New Jersey when the petition was filed.
Pacha Llugsha’s representative requested one week to submit a declaration about the timing of the transfer. The court granted that request and ordered a filing by December 1, 2025. No further filing was received, so the court treated the respondents’ motion as unopposed.
Court’s analysis
The court explained that, for a habeas petition challenging a person’s present physical confinement, the proper district is generally the district where the person was physically confined when the petition was filed. The court noted that it did not need to decide whether the petition could legally be considered filed before the filing fee was paid. Based on the travel time from 26 Federal Plaza to the New Jersey detention center, the court concluded that Pacha Llugsha was in New Jersey by approximately 1:50 p.m., before the fee was paid at 2:17 p.m.
Ruling
The court concluded that New Jersey was the appropriate district of confinement. Judge Margaret M. Garnett ordered the following:
- The respondents’ motion to transfer the case to the District of New Jersey was GRANTED. - The clerk was directed to transfer the matter to that court immediately, without regard to Local Civil Rule 83.1. - To give Pacha Llugsha an opportunity to have the petition considered in New Jersey and to preserve the existing situation, the government was enjoined from removing him from New Jersey or from the United States unless the transferee court ordered otherwise.
The order transferred the case; it did not decide the underlying detention petition.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.